Patna High Court
Md. Haider vs The State Of Bihar on 9 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15147 of 2021
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Md. Haider Son of Mohammad Sahid Resident of Village and P.O.- Bahilwara
Rupnath, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The District Magistrate-cum- Collector Vaishali at Hajipur, District- Vaishali
at Hajipur.
3. The Superintendent of Police Vaishali at Hajipur, District- Vaishali at
Hajipur.
4. The Excise Superintendent Vaishali at Hajipur, District- Vaishali at Hajipur.
5. The Station Head Officer Vaishali Police Station, District- Vaishali at
Hajipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arjun Prasad, Advocate
For the Respondent/s : Mr.Vikash Kumar (SC-11)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
Date : 09-09-2021
Heard learned counsel for the petitioner and
learned counsel for the State.
Petitioner has prayed for the following relief(s): -
" (I) For issuance of an appropriate writ in the nature of
MANDAMUS, commanding and directing the Respondent
Authorities to release the Glamour Motorcycle bearing Reg.
No. BR-06BB-7856, Chassis No. MBLJ AO6AMGGL00375
and Engine No. JA06EJGGL00445 in favour of the petitioner
which has been recovered / seized by the Respondent No.5 in
Patna High Court CWJC No.15147 of 2021 dt.09-09-2021
connection with Vaishali P.S. Case No.175 of 2021 dated
12.05.2021 registered for the offences under Sections 272,
273, 414 of the Indian Penal Code and 30(a) of the Bihar
Prohibition and Excise Act, 2016 on the ground that the said
motorcycle of the petitioner was stolen by some unknown
miscreants on 21.04.2021 for which Vaishali P.S. Case No.158
of 2021 dated 02.05.2021 was instituted on the basis of
written report filed by the petitioner for the offences under
Section 379 of the Indian Penal Code as also on the ground
that the vehicle in question is kept in the open sky of the
campus of the Police Station which causes fast natural decay
of the vehicle of the petitioner .
(II) For issuance any other appropriate writ/writs, order
orders, direction/directions for which the writ petitioner would
be found entitled under the facts and circumstances of the
case."
Allegation is recovery of 20.625 liters Blue Stroke
Whisky from the motorcycle of the petitioner and miscreants
accompanying said vehicle tried to flee away but on being
chased, one of the miscreants was apprehended and rest of the
accused managed to flee away and thereafter illicit liquor and
motorcycle were seized for which FIR being Vaishali P.S. Case
No. 175 of 2021 dated 12.05.2021 was registered for the offence
punishable under Sections 272, 273, 414 of the Indian Penal
Code and Section 30(a) of Bihar Prohibition and Excise Act,
2016 and since illicit liquor was recovered from motorcycle
same became liable for confiscation under section 56 of the
Excise Act.
Patna High Court CWJC No.15147 of 2021 dt.09-09-2021
Petitioner claims to be the owner of the vehicle and
states that his vehicle was stolen by unknown thieves on
21.04.2021 for which Vaishali P.S. Case No. 158 of 2021 dated
02.05.2021 was registered for the offences under Section 379 of
the Indian Penal Code and his stolen vehicle was being misused
by the accused persons for trade of illicit liquor and he is
nowhere concerned with said crime and seized vehicle may be
released in his favour. Learned counsel for the petitioner further
submits that confiscation proceeding has not been initiated as
yet. Statement in this regard has been made in paragraph no. 12
of his petition.
In facts and circumstances of the present case when
the vehicle of the petitioner was stolen and same was being
misused by accused in trade of illicit liquor for which petitioner
cannot be faulted and in view of the above, the writ petition is
disposed of with a direction to the concerned Confiscating
Authority/District Collector, to provisionally release the vehicle
of petitioner after due identification of ownership on production
of ownership and registration papers with respect to vehicle in
question in his name with two sureties (one local) to the extent
of the value of the vehicle as indicated in the insurance
document.
Patna High Court CWJC No.15147 of 2021 dt.09-09-2021
The petitioner while submitting the sureties shall also
furnish the following affidavits/undertakings:
(i) That the petitioner shall not indulge in creating
any third party right or interest in respect of the
vehicle during the pendency of the confiscation
proceeding and shall not alienate the vehicle during
this period.
(ii) The petitioner shall furnish an undertaking to
produce the vehicle before the confiscating authority
as and when required.
(iii) Prior to release of the vehicle, a Panchanama
would be prepared wherein the photograph of the
vehicle shall be taken and will be certified by the
petitioner and same shall be kept on record so that in
future if so required, it may be used as a secondary
evidence. The petitioner shall furnish an undertaking
not to challenge the said Panchanama.
With said observations, this writ petition is disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
